Ch. 87 LAWS OF MARYLAND

FOR the purpose of allowing certain adoptive parents, under certain circumstances, to
receive reimbursement for certain nonrecurring adoption expenses; establishing
certain application and filing procedures; establishing a maximum limit for
reimbursement costs; providing certain exceptions; making this Act an emergency
measure; and generally relating to the reimbursement of certain nonrecurring
adoption expenses.

BY adding to

Article - Family Law

Section 5-410.1

Annotated Code of Maryland

(1984 Volume and 1989 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

5-410.1.

(A) IF THE DEPARTMENT MAKES THE DETERMINATIONS UNDER
SUBSECTION (B) OF THIS SECTION, AN ADOPTIVE PARENT INVOLVED IN
AN INDEPENDENT OR INTERCOUNTRY ADOPTION OF A SPECIAL NEEDS
CHILD IS ENTITLED TO REIMBURSEMENT BY THE STATE FOR CERTAIN
NONRECURRING ADOPTION EXPENSES ASSOCIATED WITH THE
ADOPTION.

(B) TO BE AN ADOPTIVE PARENT IS ELIGIBLE FOR REIMBURSEMENT
OF NONRECURRING ADOPTION EXPENSES, IF THE DEPARTMENT SHALL
DETERMINE DETERMINES THAT:

(1) THE CHILD SHOULD NOT BE RETURNED TO ITS
BIOLOGICAL PARENTS;

(2) A SPECIFIC FACTOR OR CONDITION, SUCH AS ETHNIC
BACKGROUND, AGE, MEMBERSHIP OF A SIBLING GROUP, OR THE
PRESENCE OF MEDICAL CONDITIONS OR PHYSICAL, MENTAL, OR
EMOTIONAL HANDICAPS EXISTS WITH RESPECT TO THE CHILD AND
REQUIRES ASSISTANCE TO EXECUTE A SUCCESSFUL ADOPTION THE
CHILD CANNOT BE PLACED WITH ADOPTIVE PARENTS WITHOUT PROVIDING
ASSISTANCE BECAUSE OF CERTAIN FACTORS OR CONDITIONS REGARDING
THE CHILD, INCLUDING ETHNIC BACKGROUND, AGE, THE PRESENCE AND
NUMBER OF SIBLINGS, OR PHYSICAL, MENTAL, OR EMOTIONAL HANDICAPS-
AND

(3) EXCEPT WHERE IT WOULD BE AGAINST THE BEST
INTEREST OF THE CHILD, PREVIOUS ADOPTION ATTEMPTS HAVE BEEN
MADE WITHOUT ASSISTANCE AND WERE UNSUCCESSFUL.

(C) APPLICATION FOR NONRECURRING ADOPTION EXPENSES

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